We gather and use certain data and information about individuals in order to provide products and services and to enable certain functions on the Site. We also collect information to better understand how Site visitors use the Site and to present timely, relevant information to them.
WHAT DATA AND INFORMATION WE COLLECT
If, upon visiting our Site, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may still collect the following information:
• Website usage data
• What webpages you visit
• Length of time spent on different webpages
• Demographic information, such as postcode, preferences and interests
• IP address
• Web browser type and version
• Operating system
We may request and collect personally identifiable information from you in other situations, such as the following:
• If you sign up for an account with us through our Site, we may ask that you provide us with certain personal information, including your full name, date of birth, gender, fitness goals, injuries and health problems, health statistics, photographs, videos, credit card number, expiration date, email address, mailing address and telephone number.
• If you post to our discussion forums, we will ask that you provide us with your name, e-mail address and password.
• If you want to enter any sweepstakes, contests or promotions sponsored by us or by one of our business partners, we will need your name, e-mail address and other information as may be required by the rules of the specific contest.
• If you choose to participate in a customer survey conducted by us or by one of our business partners, we may ask for your name, e-mail address and other information as may be required by the particular survey.
• If you report a problem or submit a customer review, we will ask that you provide your name, e-mail address, Site account number, address, phone number and/or fax number. Should you contact us for any reason other than to report a problem and/or submit a review, we may also keep a record and/or copy of your correspondence with us, including a recording of any telephone calls with us.
HOW WE USE THIS DATA
Our primary use of your information is to administer, maintain and improve your experience on our Site generally as well as provide you with customized, personalization services and interactive communications. It is our goal to provide you with the best possible products and services. Specifically, we may use this data:
• To provide and manage your account with us, including customization of products and services;
• To perform a contract we have with you;
• To comply with a legal obligation to which we are subject;
• To fulfill requests when authorized by you;
• To provide and manage your access to our Site;
• To provide and supply our products and administer our services to you, including processing payments and other financial transactions;
• For our own internal records;
• To improve the products and services offered to you;
• To diagnose problems with our servers;
• To detect and protect against fraudulent, abusive or unlawful activity;
• To contact you in response to a specific inquiry or otherwise responding to communications from you;
• To customize the Site for you and personalize your experience on our Site;
• To send you promotional e-mails about products, services, offers and other things we think might be relevant to you;
• To send you promotional mailings or to call you about products, services, offers and other things we think might be relevant to you;
• To contact you via e-mail, telephone or mail for market research purposes;
• To retarget you using social media ads, such as Facebook, LinkedIn, Instagram and/or Twitter;
• When you enter any sweepstakes, contests or promotions sponsored by us or by one our business partners, we may use your e-mail address to send you status updates. We engage in these activities to manage a contract with you, to comply with a legal obligation, or because we have a legitimate interest. Any information that you upload to your Virtual Performance account profile, or information you voluntarily provide to us in connection with our products and
services, may be accessed and used by Virtual Performance,its employees, agents and affiliates, at any time without further permission or consent from you and without payment
or other consideration, unless prohibited by law. By registering for an account with Virtual Performance, you expressly agree, and grant Virtual Performance the right to access, view and use, any of your information, including personally identifiable information, until: (1) you cancel or delete your account with Virtual Performance, or (2) you send a request to Virtual Performance at to change your personally identifiable information or for all personally identifiable information about you to be deleted. If you make such a request, this will cancel your account with Virtual Performance and you will no longer have access to Virtual Performance’s products and services.
HOW LONG WE KEEP THIS DATA
We only keep your data for as long as needed or permitted in accordance with applicable law. We determine our data retention period based on the following criteria:
• The length of time that we have an ongoing relationship with you to provide our goods and services (i.e. the length of time that you have an account with us);
• A legal obligation on Virtual Performance to keep records of your transactions for a certain period of time before deletion (i.e. litigation or regulatory investigations);In any event, we will conduct an annual review to ascertain whether we need to keep your data. Your data will be
COOKIES AND HOW WE USE THEM
What are cookies?
Cookies enable us to customize and personalize your experience on our Site, including the products, services and promotions that are offered to you. Essentially, a cookie is a small data file that is sent to your browser from a web server and is stored on your computer’s hard drive. It enables our Site to identify your computer as you view different pages on our Site. Cookies allow websites and applications to store your preferences in order to present content, options or functions that are specific to you. They also enable us to see information like how many people use our Site and what pages they tend to visit.
given a unique cookie that is then used to determine the extent of repeat visits and the customer’s activity during those visits. We may use the historical information to help
target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers. Aggregated usage data helps us improve the Site structure, design, content and functions.
• Test content on our Site: For example, 50% of our users might see one piece of content, while the other 50% may see a different piece of content.
• To retarget you on other websites: Such as Facebook, LinkedIn, Instagram, Twitter and/or other websites you may visit on the internet.
Cookies do not provide us with access to your computer or any information about you, other than that which you choose to share with us. You have several choices with respect to
cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. However, our Site uses cookie-based authentication. Accordingly, if you choose to reject all cookies, you may not be able to log onto our Site and/or use our services or participate in any sweepstakes, contests or promotions.
CONTROLLING INFORMATION ABOUT YOU
When you fill in a form or provide your information and details on our Site, you will see one or more tick boxes allowing you to: (1) “opt-in” to receive marketing communications from us by email, telephone, text message or regular mail, or (2) if you do not uncheck a pre-checked
“opt-in” box we may from time to time send you marketing communications by email, telephone, text message or regular mail. If you change your mind and decide that you no longer want to receive promotional e-mails and/or direct mailing, you may opt-out at any time by simply sending an e-mail request to or clicking on the “unsubscribe” button at the bottom of our marketing emails. Similarly, if you are not receiving our promotional e-mails and/or direct mailings and wish to receive these materials, you may opt-in at any time by subscribing or sending an email request to firstname.lastname@example.org. You have control over your personally identifiable information and how it is collected. For example, you have
the right to:
• Erase or delete all or some of your account;
• Change or correct your personally identifiable information and manage your account and the content contained in it;
• Send a request to Virtual Performance at to change your personally identifiable information or for all personally identifiable information about you to be deleted. If you make such a request, this will cancel your account with Virtual Performance. For your protection, we only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that your request does not guarantee complete or comprehensive removal or deletion of the content or
information, as, for example, some of your content may have been reposted by other users on Virtual Performance’s Site or social media pages.
SHARING INFORMATION ABOUT YOU
We do not sell or rent your personally identifiable information to anyone unless we have your permission or the law requires us to do so. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. However, we may from time to time rent or sell demographic
information in the aggregate that does not contain your personally identifiable information.
Any personal information we hold about you is stored and processed under our data protection policy, in line with the EU General Data Protection Regulation (Regulation (EU) 2016/679).
We generally will not disclose any of your personally identifiable information except when we have your permission to do so or under some special circumstances described below:
• As noted previously, we may from time to time partner with other companies to offer co-branded services as well as sweepstakes, contests and promotions. Any information that
you provide in connection with the co-branded services or any jointly sponsored sweepstakes, contests or promotions will become the joint property of Virtual Performance and its business partners. We may also disclose other personal information about you to our business partners, but only if we have obtained your permission to make the disclosure before data collection or before transferring the data.
• We may, from time to time, offer you the opportunity to receive materials or special offers from third parties. If you want to receive this information, we may (but only with your permission) share your name and e-mail address with them.
• We may disclose aggregate demographic and/or user information and statistics in order to describe our customer base to prospective partners and other third parties, and for other lawful purposes.
• We may disclose your personally identifiable information without your prior permission in special cases. For example, we may have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be violating the our Terms and Conditions, or may be causing intentional or unintentional injury or interference to the rights or property of Virtual Performance or any third party, including other customers. Also, we may disclose or access your personally identifiable information when we believe in good faith that the law or regulations require disclosure.
PRIVACY POLICIES OF COMPANY PARTNERS
policies or practices of a third party site, you should contact the site administrator or web-master of the specific site. We may from time to time partner with other companies to offer
CALIFORNIA PRIVACY RIGHTS
Under the California “Shine The Light” law, California residents may opt-out of our disclosure of personal information to third parties for their direct marketing purposes. As detailed above, you may choose to opt-out of the sharing of your personal information with third parties
for marketing purposes at any time by submitting a request in writing to Virtual Performance, c/o Director, 8277 N. St. Rt. 48, Covington, OH 45318 or by emailing Director at email@example.com. Please include your account number and phone number in the body of your email or letter, and put “Opt-out” in the subject line. It is important to note that this opt-out request does not prohibit us from sending you important administrative disclosures for non marketing purposes. We will comply with your request as soon as reasonably practicable.
To protect the security and quality of your personal information, we have implemented technical and managerial procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. Your personally identifiable information will be encrypted and stored on our secured servers. Your personal information is also password protected so that access is
limited to yourself and those with whom you share your password, Virtual Performance, as well as third party access facilitated by Virtual Performance with your prior permission.
We also follow stringent procedures to ensure we work with all personal data in line with the EU General Data Protection
Regulation (Regulation (EU) 2016/679). It is important to remember that whenever you voluntarily disclose personal information online, your information can be collected and used by others. If you transmit or post personal information online that is accessible to others, you
ensure the integrity and security of that information in our system. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and
integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not
responsible for maintaining the secrecy of your password and your personally identifiable information. If you are careless with your password, or you decide to share your password with third parties, you must be aware of the risk that such third parties will have access to all your personally identifiable information.
SALE OR MERGER
We have a legitimate interest in transferring or disclosing your personal identifiable information to a third party if we are involved in a reorganization, merger, acquisition or asset
sale, and your personally identifiable information may be transferred to another party as part of the transaction. In such an event, data you provided to us, where it is relevant to any
part of the business transaction, will be transferred to the new owner or new controlling entity who will be permitted to use the data for the purposes for which the data was originally collected by us. In this event, we will notify you in advance of the transaction and inform you of the changes.
Updated June 11, 2020